First, different ideas. The employment relationship refers to the rights and obligations of the laborer (employee) to engage in production and business activities or other labor activities within the scope authorized or designated by the employer within a certain or unspecified period, and the employer accepts the labor services provided by the laborer and pays the remuneration according to the agreement. Contract relationship is the right and obligation of the contractor to complete the work and deliver the work results according to the requirements of the ordering party, and the ordering party pays the remuneration. Labor relations refer to the labor relations in which laborers provide labor, employers use labor, and the two sides form dominant and dominated labor relations.
Second, the personal control and management relationship between the two parties is different. In the employment relationship, the status between employers and employees is unequal, and they are in a dominant and obedient relationship. Employers must provide employees with reasonable working conditions and guarantees, and at the same time supervise and manage their work, while employees need to obey their employers' arrangements and provide services according to their own wishes. In the contractual relationship, the status of both parties is equal, and there is no relationship of domination and obedience. In labor, the contractor generally decides its own operating procedures and labor process, and is not subject to the arrangement or supervision of the ordering party, and the contractor completes the work independently; However, in labor relations, the two sides only form a relationship of domination and domination over the labor force.
Third, the content of providing labor and paying remuneration is different. In the employment relationship, what employees pay is mainly labor, of course, including certain technical achievements, but usually its technical content is relatively low, and its remuneration structure is relatively simple, including only the value of labor. In the processing contract relationship, the contractor mainly pays certain technical achievements, followed by certain labor force; The contracted projects should be special, generally need to have corresponding equipment conditions and contain certain technical components; The remuneration in the contractual relationship is also different from that in the general labor relationship, which includes not only the value of labor, but also the value of technology and a certain profit. In labor relations, workers only provide pure manual labor without technical content, and the reward is only the value of labor.
Fourth, the contract subject is different. 1. The main difference between an employment contract and a labor contract lies in the degree of state intervention: the content of the employment contract is determined by both parties through free consultation; In addition to free negotiation, the contents of a labor contract must also conform to the statutory working conditions and labor protection regulations of the state. Article 2 of China's Labor Law stipulates that "this law is applicable to enterprises and individual economic organizations (collectively referred to as employers) and laborers who form labor relations with them in People's Republic of China (PRC)." State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law. "According to the above provisions, the subjects involved in labor contracts in China are: (1) all kinds of domestic-funded enterprises, individual industrial and commercial households and laborers who have established labor relations with them. (2) State organs, institutions, social organizations and laborers who have formed labor relations with them. However, the parties to employment contracts are generally natural persons, as well as rural contracted business households and their employees, which are not within the scope of adjustment of the labor law. 2. The difference between employment contract and contract system. Judging the difference between them mainly depends on whether there is a subordinate relationship between them. The contract is between equal subjects, and there is no subordinate relationship between them. Specifically, it can be judged from the following aspects:
First, see who provides the workplace and production conditions (such as equipment, tools, raw materials, etc.). ). Under the employment relationship, the workplace and production conditions are generally provided by the employer, and employees are only responsible for providing labor services. In contract relationship, the contractor is generally responsible for providing the workplace and production conditions, and the contractor delivers the work results to the ordering party.
Second, look at the payment method. Employers usually pay their employees monthly or regularly, which is equivalent to the price of labor. In contract relationship, the ordering party only pays the remuneration when the contractor completes a certain job or something, which includes not only the labor price, but also other production costs.
Third, look at the way of working. The work style of employees should obey the command and distribution of employers; The contractor has the autonomy to complete the work. As long as the task can be completed within the time limit stipulated in the contract, the specific completion method and time are decided by the contractor himself.
Five, bear different legal responsibilities. In the employment relationship, if an employee suffers personal injury in the employment activities, the employer shall be liable for compensation. In the processing contract relationship, if the contractor causes its own damage in the process of completing the work, the ordering party shall not be liable for compensation. However, if the ordering party is at fault in the ordering, agreement or choice of the contractor, it shall bear the corresponding liability for compensation. However, in labor relations, since both parties are not at fault, the principle of fairness applies, that is, the beneficiary should make corresponding compensation for the economic losses of the injured party within the scope of benefit.